Terms of Use

Effective Date: July 24, 2026
JMartin Digital Apps LLC
Contact: [email protected]

1. Acceptance of These Terms

1.1 These Terms of Use (“Terms”) are a legal agreement between you and JMartin Digital Apps LLC, a Tennessee limited liability company (“Perch,” “we,” “us,” or “our”), governing your access to and use of the Perch mobile application for iOS (the “App”) and related services (together, the “Service”).

1.2 By downloading, installing, accessing, or using the App, you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you do not agree, do not download, install, or use the App.

1.3 This agreement is between you and JMartin Digital Apps LLC only, and not with Apple Inc. (“Apple”). See Section 19 (Apple-Specific Terms).

2. Eligibility and Age Requirements

2.1 You must be at least 13 years old to use the App.

2.2 In some countries the minimum age to consent to processing of personal data or to enter into this agreement is higher than 13, and you must be at least the minimum age required in your country of residence. The EU/EEA digital-consent age ranges from 13 to 16 depending on the Member State; it is 14 in South Korea; and other higher local ages may apply. If you are below the applicable minimum age in your country, you may not use the App.

2.3 If you are a minor (under 18, or the age of majority in your jurisdiction), you may use the App only with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms.

2.4 By using the App you represent that you meet these requirements.

3. Description of the Service

3.1 Perch is a golf application that provides GPS-based distance and yardage information, course maps and layouts, weather information, a proprietary Perch Rating metric, and related features to assist recreational golfers.

3.2 The App uses Apple MapKit to display maps and course information, Apple WeatherKit to display weather information, and your device’s location services to provide distance and location features.

3.3 What the App does NOT do. The App is an informational and recreational aid only. It is not a professional surveying, navigation, or safety instrument. It does not provide professional golf instruction or coaching. It does not guarantee the accuracy, completeness, timeliness, or reliability of any weather data, map data, GPS position, distance, yardage, or course layout. It is not a substitute for your own judgment, official course markings, or official weather warnings. See Sections 10 and 11.

3.4 Perch Rating — Not an Official Handicap. The App includes a proprietary scoring metric called the “Perch Rating.” The Perch Rating is calculated by JMartin Digital Apps LLC using its own methodology and is provided for informational and entertainment purposes only. The Perch Rating is NOT a Handicap Index® and is NOT an official golf handicap under the World Handicap System™ or any other handicapping system. The functional features of the App were not prepared, approved, licensed, or endorsed by the United States Golf Association (“USGA”), The R&A, or any national or regional golf association or authorized golf club, and the App is not sponsored by, endorsed by, or affiliated with any of them. The App does not issue, maintain, or provide access to an official USGA, R&A, or World Handicap System handicap. An official Handicap Index® can be obtained only through an authorized golf club or golf association. The Perch Rating may not be accepted for tournament entry, competition eligibility, or any other purpose requiring an official handicap, and we make no representation that it will match or approximate any official handicap you hold. “USGA,” “Handicap Index,” “Slope Rating,” “Course Rating,” and “World Handicap System” are trademarks or service marks of the United States Golf Association and/or R&A Rules Limited, used here for identification purposes only.

4. Subscriptions, Pricing, Free Trial, and Billing

4.1 Subscription options. Perch is offered as an auto-renewing subscription: US$9.99 per month or US$59.99 per year, each with a 7-day free trial for eligible new subscribers. Prices in other currencies are set by Apple and shown in the App Store at the point of purchase.

4.2 Free trial. If you enroll in the 7-day free trial, you will not be charged during the trial. Unless you cancel at least 24 hours before the end of the trial, your subscription will automatically convert to a paid subscription and your payment method will be charged. Any unused portion of a free trial is forfeited when you purchase a subscription, where applicable.

4.3 Auto-renewal (Apple-managed). Payment is charged to your Apple Account at confirmation of purchase (or at the end of the free trial). Your subscription automatically renews unless auto-renew is turned off at least 24 hours before the end of the current period. Your account is charged for renewal within 24 hours before the end of the current period at the price then in effect. You can manage or cancel your subscription in your Apple Account settings after purchase.

4.4 How to cancel. Because all billing is handled by Apple, you cancel by going to Settings → your name → Subscriptions on your device, or through the App Store. Uninstalling the App does not cancel your subscription. Cancellation takes effect at the end of the current billing period.

4.5 Refunds. All purchases are processed by Apple and are subject to Apple’s payment and refund policies. We do not directly process payments and generally cannot issue refunds. Refund requests are handled by Apple (for example, via reportaproblem.apple.com). This does not affect any non-waivable statutory refund or cancellation rights you may have under the law of your country (see Sections 4.6–4.8, 12, and 13).

4.6 California Automatic Renewal Law notice (US residents). THIS IS AN AUTOMATICALLY RENEWING SUBSCRIPTION. Your subscription will continue and automatically renew at US$9.99/month or US$59.99/year (as selected) until you cancel. You will be charged the applicable price, plus any taxes, at the start of each billing period through your Apple Account, unless you cancel at least 24 hours before the end of the current period. You may cancel at any time, without penalty, through your Apple Account subscription settings as described in Section 4.4.

4.7 EU/EEA and UK 14-day right of withdrawal. If you are a consumer resident in the European Union, the European Economic Area (including Iceland and Norway), or the United Kingdom, you generally have the right to withdraw from a distance contract for digital content/services within 14 days without giving any reason. However, because the App provides immediate access to digital content/services: by starting the free trial or subscription and requesting immediate access, (i) you give your prior express consent to begin performance during the 14-day withdrawal period, and (ii) you expressly acknowledge that you will lose your right of withdrawal once performance has begun / the content has been fully supplied (or, for a digital service, that you may be charged proportionately for the service already provided if you withdraw). You will receive confirmation of this consent on a durable medium. Where mandatory local law grants you a broader withdrawal, cancellation, or refund right, that right prevails.

4.8 Other cancellation/withdrawal rights. Consumers in South Korea have a statutory right to withdraw within seven days under the Act on Consumer Protection in Electronic Commerce, subject to statutory exceptions (including certain digital content whose use has begun). Consumers in other jurisdictions retain any mandatory cancellation, cooling-off, or refund rights available under their local law.

4.9 Price changes. We may change subscription prices. Where required by Apple and by law, you will be notified in advance and, where required, asked to consent before a price increase takes effect; otherwise you may cancel before the change applies.

5. Accounts and Sign in with Apple

5.1 The App uses Sign in with Apple as its exclusive authentication method. The only personal data we collect through sign-in is, at most, the email address associated with your Apple ID (which you may choose to hide using Apple’s private-relay email).

5.2 You are responsible for maintaining the security of your device and your Apple ID, and for activity that occurs through your account.

5.3 Account deletion. You may request deletion of your account and associated data at any time from within the App (where available) or by contacting us at the address in Section 22. Deleting your account does not cancel your Apple subscription; you must cancel that separately through Apple (Section 4.4). Deletion of account data does not affect data Apple processes as your payment processor.

6. License Grant

6.1 Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the App on any Apple-branded device that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, solely for your personal, non-commercial use.

6.2 The App is licensed, not sold, to you.

7. Restrictions

7.1 You agree not to: (a) copy, modify, or create derivative works of the App; (b) reverse engineer, decompile, or disassemble the App except to the extent this restriction is prohibited by applicable law; (c) rent, lease, lend, sell, sublicense, or distribute the App; (d) remove or alter any proprietary notices; (e) use the App to violate any law or third-party right; (f) interfere with or disrupt the App or its servers; or (g) use any automated means to access the App.

8. Intellectual Property

8.1 The App and all content, software, and materials in it (excluding third-party data) are owned by JMartin Digital Apps LLC or its licensors and are protected by intellectual property laws. All rights not expressly granted are reserved.

8.2 “Perch,” “Perch Rating,” and associated logos are trademarks of JMartin Digital Apps LLC. Other names and logos, including “USGA,” “Handicap Index®,” “Slope Rating®,” “Course Rating™,” “World Handicap System™,” and related marks of the United States Golf Association and R&A Rules Limited, are the property of their respective owners; their use in the App or these Terms is for informational identification only and does not imply endorsement by or affiliation with the owners of those marks.

9. Third-Party Services and Data (MapKit and WeatherKit)

9.1 The App uses Apple MapKit and Apple WeatherKit. Your use of features that rely on these services is also subject to Apple’s applicable terms, and you agree to comply with applicable third-party terms when using the App.

9.2 Weather data attribution. Weather information in the App is provided by Apple Weather (WeatherKit). Weather data sources include, among others, the National Weather Service/NOAA, Environment and Climate Change Canada, Deutscher Wetterdienst, the Met Office/ECMWF, the Japan Meteorological Agency, and Météo-France, together with weather-station data, radar, and severe-weather-alert providers. A current list of data sources is available at Apple’s legal attribution page (weather-data.apple.com/legal-attribution.html). Apple Weather and Weather are trademarks of Apple Inc.

9.3 Map data attribution. Maps are provided through Apple MapKit. The Apple logo and legal/data-source notices displayed within the map view are provided by Apple and may not be removed, obscured, or altered.

9.4 Data displayed by the App or any external service, including location and weather information, is for general informational purposes only and is not guaranteed by us or our agents or licensors.

10. Weather and Location Disclaimers; Safety Warning

10.1 No guarantee of accuracy. Weather data, GPS position, distances, yardages, elevations, and course maps and layouts are estimates and may be inaccurate, incomplete, delayed, or unavailable. Do not rely on them where accuracy is critical.

10.2 SAFETY WARNING — SEVERE WEATHER AND LIGHTNING. The App is not a safety device and is not a substitute for official weather warnings or for your own judgment. Weather data may be delayed or wrong and may fail to show lightning, storms, or other hazards. Always monitor official sources and course/lightning warnings, and stop play and seek shelter when severe weather threatens, regardless of what the App shows. Never rely on the App to decide whether it is safe to remain outdoors.

10.3 Not for navigation. The App is not designed or authorized for real-time navigation, aviation, marine, emergency, or any use where inaccurate data could lead to death, injury, or property or environmental damage.

10.4 Location services. Distance and location features require you to enable location services for the App. You can control location permissions in your device settings; disabling them will limit functionality. Our collection and use of location data are described in the Privacy Policy.

11. Assumption of Risk (Outdoor and Physical Activity)

11.1 Golf is a physical, outdoor activity that carries inherent risks, including risks from terrain, other players, equipment, exertion, sun, and weather (including lightning). To the maximum extent permitted by law, you assume all such risks. You are solely responsible for your health, safety, and decisions while using the App, and you should consult a physician before beginning physical activity if appropriate. This Section does not exclude liability that cannot be excluded by law (for example, liability for death or personal injury caused by negligence where such exclusion is prohibited).

12. Disclaimer of Warranties

12.1 To the maximum extent permitted by applicable law, the App is provided “AS IS” and “AS AVAILABLE,” and we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, accuracy, and non-infringement.

12.2 Statutory rights preserved (consumer carve-outs). Nothing in these Terms excludes, restricts, or modifies any guarantee, warranty, right, or remedy that you have under mandatory consumer-protection law that cannot lawfully be excluded, including:

• Australia: Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel your service contract with us and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time; and if this is not done, to cancel the contract and obtain a refund of any unused portion.
• New Zealand: the Consumer Guarantees Act 1993 provides guarantees that cannot be contracted out of for consumers.
• EU/EEA and UK: your statutory rights regarding conformity of digital content/services (including under the EU Digital Content Directive as implemented locally, and the UK Consumer Rights Act 2015) are unaffected.
• Consumers elsewhere retain all non-excludable statutory rights under their local law.

13. Limitation of Liability

13.1 To the maximum extent permitted by applicable law, in no event will JMartin Digital Apps LLC be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, data, or goodwill, arising out of or relating to the App.

13.2 To the maximum extent permitted by applicable law, our total aggregate liability arising out of or relating to the App will not exceed the greater of (a) the amount you paid us (or paid through Apple for the App) in the 12 months before the claim, or (b) US$50.

13.3 Carve-outs. The exclusions and limitations in this Section:

• do not apply to liability that cannot be excluded or limited by applicable law (including liability for death or personal injury caused by negligence, fraud, or fraudulent misrepresentation);
• do not limit the non-excludable consumer guarantees described in Section 12.2. For consumers in the EU/EEA, UK, Australia, New Zealand, Brazil, Quebec, and other jurisdictions where such caps are not enforceable against consumers, the cap in Section 13.2 does not apply to the extent prohibited, and our liability is instead as provided by mandatory local law.
• Australia: Where permitted, and for goods or services not ordinarily acquired for personal, domestic, or household use, our liability for breach of a consumer guarantee is limited, at our option, to re-supplying the services (or paying the cost of re-supply). This limitation does not apply where it would not be fair or reasonable to rely on it.
• Brazil: Under the Consumer Defense Code, clauses that exclude or limit a supplier’s liability to consumers are not enforceable; nothing here limits liability contrary to that Code.

14. Indemnification

14.1 To the extent permitted by applicable law, you agree to indemnify and hold harmless JMartin Digital Apps LLC from claims, losses, and expenses (including reasonable legal fees) arising from your breach of these Terms or your misuse of the App. This Section does not apply to the extent a loss arises from our own breach or is not permitted to be shifted to consumers under applicable law.

15. App Availability, Updates, and Changes

15.1 We may modify, suspend, or discontinue the App or any feature at any time. We may issue updates; some updates may be required for continued use.

15.2 We may modify these Terms. Where the changes are material, we will provide reasonable notice (for example, in-app or by email) and, where required by law, obtain your consent. Continued use after changes take effect constitutes acceptance, except where applicable law requires express consent. Modifications will not apply retroactively to the detriment of consumers where prohibited by law.

16. Privacy

16.1 Our collection and use of personal data are described in our Privacy Policy, incorporated by reference. As noted, the App uses Sign in with Apple and collects, at most, your Apple ID email; it uses location and weather data to provide its features.

17. Termination

17.1 These Terms apply until terminated. Your license terminates automatically if you breach these Terms. You may stop using the App and delete it at any time. Termination does not entitle you to a refund except as required by law or Apple’s policies, and does not cancel your Apple subscription (which you must cancel through Apple). Sections that by their nature should survive (including Sections 8, 10–14, 18, 20, 21) survive termination.

18. Governing Law and Dispute Resolution

18.1 US users — governing law. If you reside in the United States, these Terms are governed by the laws of the State of Tennessee, without regard to conflict-of-laws principles, and by applicable US federal law.

18.2 US users — informal resolution. Before filing a claim, you agree to try to resolve the dispute informally by contacting us at the email address in Section 22 and allowing 30 days to resolve it.

18.3 US users — binding arbitration and class-action waiver. If you reside in the United States, you and we agree that any dispute not resolved informally will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court, except that either party may bring an individual claim in small-claims court. You and we waive any right to a jury trial and to participate in a class, collective, or representative action.

18.4 30-day opt-out. You may opt out of the arbitration agreement and class-action waiver in Section 18.3 by sending written notice — email to the address in Section 22 suffices — within 30 days of first accepting these Terms. If you opt out, disputes will be resolved in the state or federal courts located in Tennessee.

18.5 Consumers outside the US — exclusions. Sections 18.1, 18.3, and 18.4 do not apply to the extent they are unenforceable against you under mandatory law where you reside. In particular:

• EU/EEA and UK consumers: You may not be deprived of the protection of the mandatory consumer law of your country of residence, and you may bring proceedings in the courts of your home country. Mandatory arbitration and class-action waivers are not enforceable against you.
• Quebec (Canada): Under the Consumer Protection Act, any clause requiring arbitration, restricting your right to go to court, or waiving class actions is prohibited; you may bring proceedings in Quebec courts under Quebec/Canadian law.
• Other Canadian provinces: Nothing limits your non-excludable provincial consumer rights.
• Australia and New Zealand: Nothing limits your rights under the Australian Consumer Law or the Consumer Guarantees Act 1993, and you may pursue remedies in your local courts/tribunals.
• Brazil: Under the Consumer Defense Code, pre-dispute mandatory arbitration clauses are not enforceable against consumers; you retain access to Brazilian courts.
• Consumers in all other listed countries retain the protection of, and access to the courts and mandatory law of, their country of residence.

18.6 Governing law for non-US consumers. For consumers outside the US, these Terms are governed by Tennessee law only to the extent that doing so does not deprive you of the mandatory consumer-protection rights of your country of residence, which continue to apply.

19. Apple-Specific Terms

This Section applies because the App is licensed through the Apple App Store. In the event of any conflict between this Section and the rest of these Terms, this Section controls with respect to your use of the App obtained through the App Store.

19.1 Acknowledgement. These Terms are between you and JMartin Digital Apps LLC only, and not with Apple. JMartin Digital Apps LLC, not Apple, is solely responsible for the App and its content. These Terms do not provide usage rules for the App that are less restrictive than, or in conflict with, the Apple Media Services Terms and Conditions.

19.2 Scope of License. The license granted to you is a non-transferable license to use the App on any Apple-branded product that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.

19.3 Maintenance and Support. JMartin Digital Apps LLC is solely responsible for providing maintenance and support for the App, as specified in these Terms or as required by law. You and we acknowledge that Apple has no obligation to furnish any maintenance or support services for the App.

19.4 Warranty. JMartin Digital Apps LLC is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App to you; to the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of JMartin Digital Apps LLC.

19.5 Product Claims. JMartin Digital Apps LLC, not Apple, is responsible for addressing any claims relating to the App or your possession and/or use of it, including: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. These Terms do not limit our liability to you beyond what is permitted by applicable law.

19.6 Intellectual Property Claims. If a third party claims that the App or your possession and use of it infringes that party’s intellectual property rights, JMartin Digital Apps LLC, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.

19.7 Legal Compliance. You represent and warrant that (i) you are not located in a country subject to a US Government embargo or designated by the US Government as a “terrorist supporting” country; and (ii) you are not listed on any US Government list of prohibited or restricted parties.

19.8 Developer Name and Address. The developer is JMartin Digital Apps LLC. Questions, complaints, or claims regarding the App should be directed to the contact in Section 22.

19.9 Third-Party Terms. You must comply with applicable third-party terms of agreement when using the App (for example, Apple’s terms and any wireless data-service agreement).

19.10 Third-Party Beneficiary. You and we acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

20. International Use and Export

20.1 The App is controlled and operated from the United States. You are responsible for compliance with local laws where you use it.

20.2 You agree to comply with all applicable export-control and sanctions laws, including those of the United States, and you represent that you are not subject to any such restriction as described in Section 19.7.

21. General Provisions

21.1 Entire Agreement. These Terms and the Privacy Policy are the entire agreement between you and us regarding the App and supersede prior agreements.

21.2 Severability. If any provision is held unenforceable, the remaining provisions remain in effect, and the unenforceable provision will be modified to the minimum extent necessary.

21.3 No Waiver. Our failure to enforce any provision is not a waiver.

21.4 Assignment. You may not assign these Terms. We may assign them in connection with a merger, acquisition, or sale of assets, provided your rights are not diminished.

21.5 Force Majeure. We are not liable for delays or failures caused by events beyond our reasonable control.

21.6 Language. These Terms are drafted in English, which is the controlling version. Translations may be provided for convenience; in case of conflict, the English version prevails, except where mandatory local law requires otherwise (for example, where local law requires the consumer’s own language to govern). Quebec: It is the express wish of the parties that these Terms be drawn up in English. Les parties confirment leur volonté expresse que la présente convention soit rédigée en anglais.

21.7 Headings. Headings are for convenience only.

22. Contact

JMartin Digital Apps LLC, United States
Email: [email protected]